COMMUNITY v. NEW YORK

Dismissal of the action for failure to prosecute was proper where, on the scheduled date of trial, plaintiff's counsel refused to select a jury ( 22 NYCRR 202.27 [b]; and see Campos v New York City Health Hosps. Corp., 307 AD2d 785). Plaintiff's remedy lies in a motion to vacate in which it must "make a showing of a meritorious action and a reasonable excuse for [its] default" ( id. at 785).